The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-24
SLOW TO RETURN A VERDICT
Indications that the Jury in the Isaacs
Murder Case Will Fail to Agree.
1t Retires Early in the Afternoon and Re-
mains Out All Night-Judge Twins In
structions on Points Of the Case.

structlOnS on FONTS OIL the case.
The public interest in the Isaacs murder tria |
seems to grow with its progress, and yesterday !
more people were present than on any previous
day. When Major Mitchell began his closing |
argument few minutes past o'clock, the gal
leries were packed, and standing room on the
main floor was not obtnnable. The prosecutor
spoke until nearly IL O'Clock, and presented the
States side Of the case in very strong manner.
He maintained that the alibi attempted to be es-
tablished by the defense amounted to naueht
According to the defendants own witnesses
he said that the accused left home at 6l0 was
seen twice on his way up town, once at 6:20 and
once at 6:30. and according to the testimony of
Mr.. Campln witness for the defense. Isaacs
rushed into Lewark's livery stable thirteen min
utes befSsa o'clock and gave the hostler his
rubber coat and revolver. The indications
that from this he went around
to many OF the business houses as possible bo-
fore O'clock in order to leave the impression
that he was on his beat at the time OF the shoot
ing, should he ever be suspected of having done
il Another thing that looked bad, Major
Mitchell maintained. was his going on his beat
without his revolver, thing he had never bAen
known to do before in the two years he had been
running the beat. The evidence Of Freeman
Cloe to the effect that Renhold had done the
shooting was ridiculed, and the witness was at
tackled savagely for attempting to shield guilty
man by attacking the innocent.
1t was five minutes past II o'clock when
Judge Irwin began reading his instructions TO
the jury. On account Of the peculiar phases Of
the case there was much speculation as to what
he would have to say, and the courtroom was
still as death as he slowly read his charge.
Isaacs displayed some uneasiness. and bent for
ward in his chair and listened attentvely. The
Judge first read and commented on the law bear
ing upon the several degrees Of murder. Com
ing directly to the case before him, he spoke of
its peculiar features as follows:
= .Our statute makes it a criminal offense TO draw
a deadly weapon upon another, and person who
does this. unless the same is excusable upon
some legal ground. commits an unlawful act,
and IT, while engaged in such unlawful act, death
to another results therefrom. whether he in
tends such result not. ne is guilty OF feionious
homicide. If, therefore, you believe from the evil
{, dence, beyond reasonable doubt that, at the
time and place alleged ia the indictment, the
defendant drew loaded revolver, and pointed
the same at or in the direction OF
the deceased, there being no legal ground
OF excuse upon his part therefor, and
4
resulted therefron, whether the defendant in
tended such result or not, he would be guilty of
nans.aughter, and you should so ind. Ii from
the eyidence you believe that the defendant did
at the time and place charged in the indictment,
shoot at and in the direction Of the deceased bns
IL from all the facts and circumstances surround
ing the shooting, as the same appears in evil
dence before you, the jury have reasonable
doubt as to whether the defendant fired the al
legged fatal shot, then you should find him not
gu lily"
Referring to the abb, the judge said: "The
defendant has introduced evidence for the pur
rose of establishing alihi. or, in other words.
TO show that he was at another and different
place when the shooting OF the deceased took
place. An alibi is q legitimate defense, the same
as any other Affirmative defense. The evidence
in support thereof, however, should receive the
same scrutiny, and IS subjected by you to tho
same tests as applied to all other evidence in
the case In determining what weight you
should give II, you should take into
consideration the distance from the
scene of the shooting to the
= place where il is sought to locate the defendant
at the time of such alleged shooting; as. also.
the evidence touching the time of the firing of the
fatal shot and the alleged presence Of the de-
PENDANT at another and different place there
from. But, If the jury. sitter taking into consid-
Grafton all the evidence in the case have a
reasonable doubt as to whether he was at the
scene of the alleged shooting of the deceased at
the time it occurred, or was at another or differ
emit place therefrom, then you should find him
not guilty"
Touching upon the failure of the defense tc
put the accused upon the stand, the Judge said
'"The defendant in this case, under the law, is
competent witness to testify in his own behalf
but the fact that he has failed to do so is not q
matter to be commented upon, referred to- or In
manner considered by the jury in making YER
diet in the case, and the statute makes it the
duty Of the court to SO instruct you.'
When the Judge had concluded the charg
the jurors and the bailiff were sworn, ant
the former retired to their room. 81
was generally believed that a verdict of no
guilty would be returned in a few moments
and the crowd did not leave the room. TIL
attorneys evidently also expected that the de
liberation would be brief, and were slow il
getting off TO the midday meal There were n
signs of q verdict at o'clock, and the curiou
spectators slowly dispersed. They did not re
main away long, though, and by 1:30 the CORR
doris began to fill with the same anxious crowd
and when the courtroom doors were unlocke
at z o'clock the room was soon filled with
crowd confident thar it would be but fe,
minutes until the jury would come down wit
their verdict
The crowd fingered about the courtroom unit
6 o'clock. and as there was no INDIGESTION that a
early verdict would be returned, the judge &C
journed court and gave notice that he would II
tu' at 7:30 o'clock At 6o'clock the jury wa
taken TO supper. and when they had fnishe
agree, by Eliminating that they would bs back fo
breaLss When tho judge returned at qua
ter before o'clock, d hundred or more person
had as 7embled in anticipation of verdict. bu
they were disappointed. The crow
gradually dispersed, and by 9 ocIoc
no one renamed but the iudg
the court officials attorneys and reporter
They waited until 1890 o'clock. when, no wo,
having come from the jury, the judge and II
attorneys went home, not to return again un,
this morning
Mr. Isaacs retired at 8 o'clock, and did NJ
seem worried because the jury had failed to r
turn an early verdict of acauttal just befo
retiring he remarked that they might find hi
guilty. but il they did they would convict an i
nocentiman.
Another Bcecher Anecdote.
To the Editor of the Indianapolis Journal:
From prominent gentleman now reside
here, but who. at the time spoken of, was
member of Plymouth Church, Brooklyn, / 6
the following snscdote of H. w. Beecher. whic
as ] have never seen it in print, send to 20
Miss Frances E. Willard of the Woman's
tional Christian Temperance Union had deli
cred lecture before the congregation on 1T